Doing business in Luxembourg: Staff welfare
28 April 2012by Ina Dimireva -- last modified 28 April 2012
The Labour Code in Luxembourg covers employee rights regarding health and safety in the workplace, discrimination, recruitment, dismissal, and employment contracts.
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Legal requirements
Social rules
Non-discrimination, equal treatment and gender equality
The law on equal treatment stipulates that all discrimination based on religion or beliefs, disability, age, sexual orientation, race or ethnic group is prohibited.
Employees who are pregnant, breastfeeding or have given birth are entitled to many benefits, including:
- prenatal leave (8 weeks before the due date);
- postnatal leave (8 weeks after the birth, or 12 weeks for premature or multiple births or for breastfeeding);
- continuation of rights while an employee is pregnant;
- protection against dismissal with prior notice, except on grounds of gross misconduct;
FAQs on pregnancy, maternity and breastfeeding
Health and safety at work
Employers must take all the necessary steps to safeguard the safety and physical and psychological health of their workers, including: preventing risk, providing information, offering training, and setting up an organisation or carrying out action focused on employee health. They must also prepare a list of high-risk positions within the company.
Accident insurance is designed to cover individuals for the following: accidents in the workplace, accidents on the way to work and occupational ill health.
Safeguarding the safety and health of workers in all aspects of work
Business owners must ensure that job applicants undergo a medical examination. A periodic medical examination is also required for:
- employees working in a safety position (crane operator, driver of a heavy vehicle, etc.);
- workers in high-risk positions (exposure to chemical products, noise, etc.);
- workers under 21.
Labour law
Labour relations
Normal working time is set at 8 hours a day or 40 hours a week.
Every employer is required to observe certain obligations relating to:
- the statutory minimum salary;
- the flexible salary scale;
- the law on equal treatment;
- the remuneration matrix where there is a collective agreement.
Labour protection
Employers must safeguard the safety and health of their employees.
Mandatory social rules complete the requirements related to managing staff.
Businesses are free to go beyond the minimum social legal requirements at their own initiative.
Administrative procedures
One-stop shop
Certain formalities, such as those linked to the secondment or recruitment of an employee, may be carried out at the Joint Social Security Centre.
Centre commun de la sécurité sociale (Joint Social Security Centre)
Forms - Joint Social Security Centre
You can use the one-stop shop to complete administrative procedures online, including the new employee declaration form.
Health and safety at work
Accident declaration
You must send the Accident Insurance Association a declaration for any accident in the workplace or on the way to work.
Accident Insurance Association
Occupational ill health declaration
You must also send an occupational ill health declaration to the Accident Insurance Association if this occurs.
Medical examination
For each worker passing a medical examination, you must complete an employer's application and send it to the regional Multi-sector Occupational Health Service (STM).
Multi-sector Occupational Health Service
Social Security
When you recruit staff for the first time, you have to register within 8 days at the social security centre. The operating declaration is valid throughout the company's entire existence. The company also receives a certificate of affiliation with a registration number.
Centre commun de la sécurité sociale (Joint Social Security Centre)
Form for the operating declaration
You must inform the Joint Social Security Centre on a monthly basis of the amount of time workers are unable to work.
Forms - Joint Social Security Centre
The actions to be taken may vary according to the situation: whether the employee has an accident at work or on the way to work, has a serious accident or contracts a work-related illness. All procedures must be carried out with the Accident Insurance Association (AAA).
Accident Insurance Association
Resources
The Guichet entreprises business portal provides useful information for company directors.
The Ministry of Health provides company directors with questions and answers on medicine, hygiene and health, as well as information on legislation.
Ministry of Health - occupational health division
The Occupational Health Service for Industry website provides companies with advice, information files and relevant legal texts.
Occupational Health Service for Industry
The Union of Medical Insurance Funds has information on preventive medicine and health insurance legislation.
Union of Medical Insurance Funds
The Occupational Health Association for the Financial Sector offers numerous services on health in the workplace: information, forms, legislation and training.
Occupational Health Association for the Financial Sector
The Accident Insurance Association has a website providing information, legislation and statistics.
Accident Insurance Association
Source: Your Europe